DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant's election with traverse of Species I, and Sub-Species I, to cover Figs. 1-5, 12, & 14-15 and claims 1-4, 8-9, & 13 in the reply filed on 07/16/2026 is acknowledged. The traversal is on the ground(s) that there is no undue search burden. This is not found persuasive because the Applicant argues there is no undue search burden on the Examiner, however, the search burden and the differences between the Species were outlined in the Requirement for Restriction/Election filed 05/19/2026 on Page 3.
The requirement is still deemed proper and is therefore made FINAL.
Information Disclosure Statement
The information disclosure statement filed 04/04/2024 fails to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language. It has been placed in the application file, but the information referred to therein has not been considered.
The IDS of 04/04/2024 lists an NPL directed to a Written Opinion of the ISA for PCT/KR2022/016303. A copy of this document has been provided by the Applicant, but it is entirely in the Korean language.
Per MPEP 609.04(a), Section III, (emphasis added) “Where the information listed is not in the English language, but was cited in a search report or other action by a foreign patent office in a counterpart foreign application, the requirement for a concise explanation of relevance can be satisfied by submitting an English-language version of the search report or action which indicates the degree of relevance found by the foreign office.”
An English translation for the above Written Opinion should be provided as a concise explanation of this document’s relevance.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the
the outlet to be open based on being placed in the second position, so that the air heat exchanged with the heat exchanger is discharged through the plurality of discharge holes (Applicants Fig. 5, along with paragraph 0076, states the first position is a lowered position, while the second position is in a raised position)
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-4, 8-9, & 13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation of “wherein the lower housing is configured to open the outlet based on being placed in the first position, and to open the outlet based on being placed in the second position, so that the air heat exchanged with the heat exchanger is discharged through the plurality of discharge holes”, however, the Specifications filed 04/04/2026 in paragraph 00076 states “The first position of the lower housing 30 may be a lowered position, and the second position of the lower housing 30 may be a raised position”, of which is also shown in the Applicants Figs. 4 & 5 respectively, leading to a lack of clarity on the claim language of the second position and the outlet 70 being opened, of which is not what is displayed in Fig. 5 of which is to represent the second position with the outlet 70 being in a raised, closed position. For examination purposes, it will be interpreted as “wherein the lower housing is configured to open the outlet based on being placed in the first position, and to close the outlet based on being placed in the second position, so that the air heat exchanged with the heat exchanger is discharged through the plurality of discharge holes”, of which is described in paragraph 0076 and shown in the elected species encompassing Figs. 4 & 5, and to which the heat exchanged air is still discharged through the plurality of discharge holes 43. The Examiner would also point out that a third position exists that is between the first and second position. All dependent claims are similarly rejected for being dependent from a rejected claim.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-4, & 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al (US 2017/0089605), hereinafter referred to as Kim, in view of Chun et al (WO2017014478), hereinafter referred to as Chun.
Regarding claim 1, Kim (US 2017/0089605) shows a ceiling-type air conditioner, comprising:
an upper housing (251, Fig. 3) having a cylindrical shape (Fig. 2);
a heat exchanger (210, Fig. 3) having in an annular shape disposed inside the upper housing (Fig. 4);
a blowing fan (220, Fig. 3) disposed on an inside of the heat exchanger (Fig. 3) and configured to draw in air and heat exchange the drawn-in air with the heat exchanger (Fig. 3);
an outlet (250b, Fig. 3) disposed on a radially outer side of the heat exchanger (Fig. 3) and configured to discharge the heat exchanged air to the outside of the upper housing (Fig. 3), the outlet having an annular shape (¶0220, Lines 8-10);
a lower housing (254/255/250a, Fig. 3) including an inlet panel (250a, Fig. 3) through which external air is configured to be drawn in by the blowing fan (Fig. 3), and a vertical direction of a first position (Fig. 3 – Fig. 3 depicts the vertically open, (first) position of the lower housing comprised of elements 254/255/250a); and a middle housing (252, Fig. 3) disposed between the upper housing and the lower housing (Fig. 3); wherein the lower housing is configured to open the outlet based on being in the first position (Fig. 3).
However, Kim lacks showing the lower housing movable in a vertical direction between a first position and a second position different from the first position, the middle housing including a plurality of discharge holes disposed outside the outlet in a radial direction of the lower housing, and wherein the lower housing is configured to open the outlet based on being placed in the first position, and to open the outlet based on being placed in the second position, so that the air heat exchanged with the heat exchanger is discharged through the plurality of discharge holes.
Chun (WO2017014478), and air conditioner with a circular opening, is in the same field of endeavor as Kim which is an air conditioner with a circular opening.
Chun teaches the lower housing (62, Fig. 9/11) movable in a vertical direction between a first position (Fig. 9) and a second position (Fig. 11) different from the first position (Fig. 9/11),
the middle housing (45, Fig. 3) including a plurality of discharge holes (47, Fig. 6 – element 47 builds up the structure for the plurality of discharge holes therein between) disposed outside the outlet (41, Fig. 8) in a radial direction of the lower housing (Fig. 9),
wherein the lower housing is configured to open the outlet based on being placed in the first position (Fig. 9), and to open the outlet based on being placed in the second position, so that the air heat exchanged with the heat exchanger is discharged through the plurality of discharge holes (Fig. 11 – the outlet 41 is closed when placed in the second position as seen in Fig. 11, so that the air heat exchanged with the heat exchanger is discharged through the plurality of discharge holes 47; see 112(b) rejection above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the lower housing of Kim to incorporate the teachings of the lower housing, the first and second positions, and the plurality of discharge holes of Chun , which would provide a means to employ different air discharging methods (¶0008).
Regarding claim 2, Kim shows elements of the claimed invention as stated above in claim 1 including the lower housing and the first position.
However, Kim lacks showing wherein the lower housing is movable vertically between the first position and the second position, the first position being on a lower side of the second position.
Chun teaches wherein the lower housing is movable vertically between the first position and the second position (Fig. 9/11), the first position being on a lower side of the second position (Fig. 9/11 – the second position in Figure 11 is on the higher side of the first position).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the lower housing of Kim to incorporate the teachings of the lower housing, the first and second positions, and the plurality of discharge holes of Chun , which would provide a means to employ different air discharging methods (¶0008).
Regarding claim 3, Kim shows wherein the middle housing (252, Fig. 3) includes:
a discharge base (253a, Fig. 3).
However, Kim lacks showing the discharge base in which the plurality of discharge holes is formed, and a divider extending upwardly from the discharge base to separate a flow path through which airflow discharged through the outlet is configured to flow, and a flow path through which airflow discharged through the plurality of discharge holes is configured to flow.
Chun teaches wherein the middle housing (45, Fig. 9) includes: a discharge base (see Annotated Figure 1) in which the plurality of discharge holes is formed (47, Fig. 6 – element 47 builds up the structure for the plurality of discharge holes therein between), and
a divider (46, Fig. 9) extending upwardly from the discharge base to separate a flow path through which airflow discharged through the outlet is configured to flow (Fig. 9), and a flow path through which airflow discharged through the plurality of discharge holes is configured to flow (Fig. 11).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the lower housing of Kim to incorporate the teachings of the lower housing, the first and second positions, and the plurality of discharge holes of Chun , which would provide a means to employ different air discharging methods (¶0008).
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Annotated Figure 1
Regarding claim 4, Kim shows elements of the claimed invention as stated above in claim 3 except wherein the divider includes a plurality of distribution ports configured to direct the air heat exchanged from the heat exchanger to the flow path through which the airflow discharged through the plurality of discharge holes is configured to flow.
Chun teaches wherein the divider includes a plurality of distribution ports (see Annotated Figure 1) configured to direct the air heat exchanged from the heat exchanger (20, Fig. 2) to the flow path through which the airflow discharged through the plurality of discharge holes is configured to flow (Fig. 11 – the plurality of distribution ports are configured to direct the air heat exchanged from the heat exchanger to the flow path through which the airflow discharged through the plurality of discharge holes is configured to flow).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the lower housing of Kim to incorporate the teachings of the lower housing, the first and second positions, and the plurality of discharge holes of Chun, which would provide a means to employ different air discharging methods (¶0008).
Regarding claim 8, Kim shows wherein the lower housing (254/255/250a, Fig. 3) includes a guide surface (see Annotated Figure 2) inclined to face the middle housing (Fig. 3 – the guide surface is inclined to face the middle of the housing), wherein a first discharge airflow discharged through the outlet (250b, Fig. 3) is configured to be guided radially outwardly of the upper housing by the guide surface (Fig. 3).
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Annotated Figure 2
Regarding claim 9, Kim shows elements of the claimed invention as stated above in claim 8 except wherein the discharge base has a downward convex shape, and a second discharge airflow discharged through the plurality of discharge holes is configured to be discharged wider than the first discharge airflow.
Chun teaches wherein the discharge base has a relative shape (see Annotated Figure 1), and a second discharge airflow (Fig. 11) discharged through the plurality of discharge holes (Fig. 11) is configured to be discharged wider than the first discharge airflow (Fig. 9).
Regarding claim 9 and the limitation “the discharge base has a downward convex shape”, the courts have held where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. At the time the invention was made, it would have been an obvious matter of design choice to a person of ordinary skill in the art to have the discharge base have a downward convex shape instead of having the discharge base have a relative shape, because applicant has not disclosed that having the discharge base having a downward convex shape provides an advantage, is used for particular purpose, or solves a stated problem.
As Chun shows the discharge base having a relative shape, one of ordinary skill in the art, would have expected the Applicant's invention to perform equally well with having the discharge base have a downward convex shape or have the discharge base having a relative shape, because both shapes performs the function of ventilating air through the plurality of discharge holes equally well. (MPEP 2144.04, Sect IV.B).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the discharge base of Chun to provide the discharge base having a downward convex shape for the predictable result and benefit to employ different air discharging methods (¶0008).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al (US 2017/0089605), hereinafter referred to as Kim, in view of Chun et al (WO2017014478), hereinafter referred to as Chun, in further view of Xu.
Regarding claim 13, Kim shows elements of the claimed invention as stated above in claim 1 including the lower housing and the upper housing.
However, Kim lack showing wherein based on the lower housing being placed in a third position between the first position and the second position, the airflow discharged through the outlet is configured to be discharged downwardly, and the airflow discharged through the plurality of discharge holes is configured to be discharged to a radially outer side of the upper housing.
Xu (CN113028506), a ceiling mounted air conditioner, is in the same field of endeavor as Kim which is a ceiling mounted air conditioner.
Xu teaches wherein based on the lower housing (400, Fig. 7C) being placed in a third position (Fig. 7C) between the first position (Fig. 7B) and the second position (Fig. 7A), the airflow discharged through the outlet (210, Fig. 1/7A-C) is configured to be discharged downwardly (Fig. 7C – the airflow through the outlet 210 is discharged downwardly on the right-hand side of the opening, as can be seen the airflow takes the same downward trajectory , as indicated by the arrows), and
the airflow discharged through the plurality of discharge holes (Fig. 1 – the plurality of discharge holes, that are the holes in between the spokes of the structure of the outlet 210) is configured to be discharged to a radially outer side of the upper housing (Fig. 1/7A – the airflow through the plurality of discharge holes, that are holes in between the spokes of the structure of the outlet 210, is configured to be discharged to a radially outer side of the upper part of the housing 200).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the lower housing of Kim to incorporate the teachings of the lower housing of Xu, which would provide an indoor air conditioner unit that can achieve 360 degrees of airflow without any dead angles, and has multiple airflow angles and modes to improve user comfort (n0005).
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure and is provided in the Notice of References Cited.
The following prior art teaches related air conditioners:
US 2020/0326079 – Lee discloses an air conditioner with secondary outlets on the edge of its face
US 2020/0103125 – Hwang discloses an air conditioner with curved side outlets
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN L FAULKNER whose telephone number is (469)295-9209. The examiner can normally be reached M-F: 9-7, Every other F: Flex.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Hoang can be reached at 571-272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RYAN L FAULKNER/ Examiner, Art Unit 3762
/AVINASH A SAVANI/ Primary Examiner, Art Unit 3762
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